Privacy Policy

This Privacy Policy describes the types of information Owner Built Custom Homes (“We” or “Us”) collect from users of the publicly-available portions of the customhomebuildermagnoliatx.com internet website (the “Website”), how We use and handle such information (including who We might share it with) and how We revise this Privacy Policy from time to time.

Personal and Other Information

What is “Personal Information”?

“Personal Information” is information about a user of the Website that is personally-identifiable to the user, such as the name, address, email address, telephone number and other information specific to the user. Personal information about a user is provided by the user when they use the Website. We may also collect and process information about a user’s actual location, using the user’s IP address, GPS, and other methods using sensors in nearby equipment, such as Wi-Fi access points and cell towers.

The information described above is referred to in this Privacy Policy as “Personal Information” because it identifies or describes individual or personal aspects about the user.

Children’s Online Privacy Protection Act Notice: We do not knowingly collect Personal Information from children under the age of thirteen. The Website and its content are not directed to children under the age of 13. In the event that We learn that We have unknowingly collected Personal Information from a child under the age of 13 without parental consent, We will delete that information as quickly as reasonably possible.

What Types of Non-Personal Information Do We Collect?

Other information can be collected from the user’s use and navigation of the Website – such as device-specific information -- for example, a user’s hardware type, operating system version, unique device identifiers (UUID), mobile network information, and server log information (typically, a user’s IP address, browser type, browser language, date and time of request and cookies – discussed separately below).

This type of information is referred to in this Privacy Policy as “Anonymous Information” because it does not identify or describe individual personal aspects about the user, but nevertheless can be collected based on the user’s use of the Website.

How do WE Collect Personal Information?

We collect your Personal Information primarily from your voluntary submission as described above in this Privacy Policy. We may also collect your Personal Information (in addition to Anonymous Information connected to your usage) when we review your usage practices or patterns.

Your log-in information is automatically reported by your web browser to our server each time you make a request to access a web page and may also be reported when the content of the webpage is downloaded to your browser. When you use the Website, our servers automatically record some of your log-in information (including your web request), your IP address, your browser type, your hardware type, and other types of Anonymous Information identified above, any referring websites/URL’s, the number of clicks you implemented on the Website, what pages you viewed and other such information. This information helps Us improve the Website and more accurately provide it to you.

How Do We Use Personal Information Collected?

We use your Personal Information to authenticate your access and use of the Website; to respond to your e-mail inquiries (when we deem such response to be appropriate); to respond to your submission of “Contact Me,” or other forms or requests which involve your requests for information from Us; to send you notices about changes to the Website; to send you notices about services We may offer from time to time (including service-related announcements); to send you marketing information; and to manage and improve the Website to optimize products and services.

We may also use your Personal Information (such as search terms) to optimize exposure and availability on external web search engines such as Google®.

We, like many businesses, sometimes engage other companies (“Service Providers”) to perform certain business-related functions (such as maintaining databases, distributing information, processing transactions, and hosting services). When We engage a Service Provider to provide such business-related functions, We provide them with the information they need to perform such function, and such information may include Personal Information of a user. Service Providers are typically authorized to use such information only as necessary to provide such services to Us.

From time to time, We may share Personal Information you provide us to third parties in your geographical region who have an interest in marketing to you. If a user receives such marketing communications, the user may opt out by following the “unsubscribe” procedure included with such marketing communication.

We may disclose Personal Information in limited situations where necessary to comply with law, administrative or civil process, or to enforce the terms of use of the Website or other legal or equitable rights or entitlements, in our sole discretion.

Google® Analytics. The Website may employ Google® Analytics advertising features that collect data about your traffic via Google® advertising cookies and anonymous identifiers (see “Tracking Cookies/Web Beacons/Social Media Widgets” below) as well as data collected through standard Google® Analytics implementation. We strive to adhere to Google® Analytics Advertising policies. We will not facilitate the merger of personally-identifiable information with non-personally identifiable information collected through any Google® advertising product or feature. We reserve the right to test, turn-on or turn-off any of the Google® Analytics features from time to time without notice to you. By utilizing certain Google® Analytics Advertising Features, we are required to disclose the following information:

The Website and other third-party vendors may use first-party cookies (such as the Google® Analytics cookie) or other first-party identifiers, and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together.

Visitors to Our out site can opt-out of the Google® Analytics Advertising Features used, including through Ads Settings, Ad Settings for mobile apps, or any other available means (for example, the NAI's consumer opt-out).

In the event that our business is acquired by a third party, all or any party of the data collected by Us through a user’s use of the Website may be among the assets transferred to the third party in connection with such transaction. The third party would thereafter be entitled to review and use such information (including Personal Information) in connection with its business activities, and in such case, the Privacy Policy of the third party may thereafter apply to such information, rather than this Privacy Policy.

Notice to California Residents: We do not currently maintain a process for individuals who use or visit the Website to review and request changes to any of their personally identifiable information collected through the Website.

Information Security

We store Personal Information using generally accepted encryption and data-storage technology (such as SSL). We cannot guarantee that any information is totally secure. Even though We review such encryption, data storage and data processing practices and security measures from time to time, third parties may unlawfully access, intercept or otherwise become aware of Personal Information or private communications. We do not represent or warrant that the Website is protected from such unlawful interception or other harmful events, such as computer viruses, malware, data mining and security or privacy threats. We are not responsible for intercepted information sent via electronic means, including e-mail or e-commerce transactions. You hereby release Us, Service Providers engaged by Us, and our respective officers, directors, members, managers, employees, agents and assigns, from any and all claims, costs or expenses arising out of or relating to the use of information intercepted or accessed by third parties in an unauthorized or unlawful manner.

Tracking Cookies/Web Beacons/Social Media Widgets

An internet tracking cookie (or HTTP cookie) or web beacon is a small piece of text or code stored on a user’s device by a web browser (such as Internet Explorer®, Apple® Safari®, Google® Chrome®, or Mozilla® Firefox®). Web pages (like those incorporating the Website) use tracking cookies for authentication, session navigation tracking, and storing site preferences. We use tracking cookies to better serve you when you return to the Website.

If you do not want to enable the Website to place tracking cookies on your computer, you can adjust your web browser’s security settings to block tracking cookie placement. You can also adjust your web browser settings to notify you when your computer receives a tracking cookie, which gives you a chance to decide whether or not to accept the tracking cookie before it is placed on your device. If you decide not to accept a tracking cookie from the Website, you may not be able to use all of the features of the Website.

The Website may include social media features, such as “share” widgets through Facebook®, Twitter® or Google+®, “like” buttons through Twitter® and Facebook®, and interactive mini-programs that run on the Website or which populate from third party video sources such as YouTube® and Vimeo®. Such features may collect a user’s IP address, which pages the user visits on the Website, and may set a cookie to enable the feature to function properly. Social media features and widgets may be hosted by a third party or hosted directly on the Website. User’s actions with social media features may be governed by the privacy policy of the provider of the social media features.

Aggregation Information

We and our Service Providers may collect non-personally identifiable information about how users of the Website navigate to and through the Website, including the number of visits to the Website and specific pages visited while at the Website and the IP addresses of those visitors to the Website. We may and our Service Providers may aggregate this statistical information and use it to help us administer and to enhance the Website and for research and development, user analysis and business decision-making. These aggregate statistics also may be provided to our marketing affiliates for use in our marketing or advertising activities and/or to assist Service Providers in connection with processing information or maintaining the operation of the Website.

Third Party Site Links

We may provide HTML links to third party websites. We are not affiliated with third parties to whom we provide such links, and We are not responsible for the content, accuracy or privacy practices of the websites to which such HTML links are directed. This Privacy Policy applies only to the Website and not to any third party web pages or domains operated by third parties. As a general rule, you should always consider checking the privacy policies of third party websites before submitting Personal Information to such websites.

Governing Law; Individual Nature of Claims

This Privacy Policy is governed by and interpreted pursuant to the law of the state in which Our principle offices are located, in the United States of America. If any dispute arises in connection with your use of the Website, the arbitration tribunals and courts of the county and state in which Our principle offices are located, in the United States of America, shall have exclusive jurisdiction and venue over such dispute. Visitors or users of the Website who are subject to the jurisdiction of countries other than the United States of America must not submit information of any kind to or through the Website, and waive all liability of Us, our Service Providers, and our respective directors, managers, officers, employees, affiliates, successors and assigns with respect to submission of such information. ALL USERS OF THE WEBSITE AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WHETHER IN ARBITRATION OR IN COURT WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Users of the Website further agree that any claim against Us, Service Providers or its affiliates is personal to the user, and any such claim shall only be resolved by an individual arbitration, and shall in no event be brought as a class arbitration, a class action, or any other representative proceeding. The arbitrator may only conduct an individual arbitration, and may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding.

Changes to this Privacy Policy

We reserve the right to change this Privacy Policy at any time. If We change this Privacy Policy, we will adjust the “Last Modified” date at the bottom of this Privacy Policy and post such changed Privacy Policy on the Website. For this reason, you should check the Privacy Policy each time you use or visit the Website to keep informed of any changes to the Privacy Policy.